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This is a Bill, not an Act. For current law, see the Acts databases.


QUEENSLAND TRAINING ASSETS MANAGEMENT AUTHORITY REPEAL BILL 2015

          Queensland



Queensland Training Assets
Management Authority Repeal
Bill 2015

 


 

 

Queensland Queensland Training Assets Management Authority Repeal Bill 2015 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new ch 9, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Repeal, savings and transitional provisions for Queensland Training Assets Management Authority Repeal Act 2015 Division 1 Repeal 223 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2 Savings and transitional provisions 224 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 225 QTAMA, CEO and board . . . . . . . . . . . . . . . . . . . . . . 5 226 State is successor in law of QTAMA. . . . . . . . . . . . . . 5 227 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . 5 228 Records and other documents . . . . . . . . . . . . . . . . . . 6 229 Current instruments . . . . . . . . . . . . . . . . . . . . . . . . . . 6 230 References to QTAMA . . . . . . . . . . . . . . . . . . . . . . . . 7 231 Current proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . 7 232 Proceedings not yet started . . . . . . . . . . . . . . . . . . . . 7 233 Registering authority to note transfer or other dealing 7 234 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 235 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . 9 236 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 237 Confidentiality of criminal history information . . . . . . . 10

 


 

 

2015 A Bill for An Act to amend the Further Education and Training Act 2014 by inserting provisions that repeal the Queensland Training Assets Management Authority Act 2014 and provide for transitional matters

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 1] The Parliament of Queensland enacts-- 1 1 Short title 2 This Act may be cited as the Queensland Training Assets 3 Management Authority Repeal Act 2015. 4 2 Commencement 5 This Act commences on a day to be fixed by proclamation. 6 3 Act amended 7 This Act amends the Further Education and Training Act 8 2014. 9 4 Insertion of new ch 9, pt 3 10 Chapter 9-- 11 insert-- 12 Part 3 Repeal, savings and 13 transitional provisions 14 for Queensland 15 Training Assets 16 Management Authority 17 Repeal Act 2015 18 Division 1 Repeal 19 223 Repeal 20 The Queensland Training Assets Management 21 Authority Act 2014, No. 23 is repealed. 22 Page 4

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 4] Division 2 Savings and transitional 1 provisions 2 224 Definitions for div 2 3 In this division-- 4 QTAMA means QTAMA in existence under the 5 repealed Act before the commencement. 6 repealed Act means the repealed Queensland 7 Training Assets Management Authority Act 2014. 8 225 QTAMA, CEO and board 9 (1) On the commencement-- 10 (a) QTAMA and its board are dissolved; and 11 (b) QTAMA's chief executive officer and each 12 member of its board go out of office. 13 (2) No compensation is payable to a person because 14 of subsection (1)(b). 15 (3) To remove any doubt, it is declared that 16 subsection (2) does not limit or otherwise affect a 17 person's right to a benefit or entitlement that had 18 accrued before the commencement. 19 226 State is successor in law of QTAMA 20 (1) The State is the successor in law of QTAMA. 21 (2) Subsection (1) is not limited by another provision 22 of this division. 23 227 Assets and liabilities 24 On the commencement, the assets and liabilities of 25 QTAMA immediately before the commencement 26 become assets and liabilities of the State held in the 27 department. 28 Page 5

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 4] 228 Records and other documents 1 On the commencement, QTAMA's records and other 2 documents held by QTAMA immediately before the 3 commencement become records and other documents 4 of the State held in the department. 5 229 Current instruments 6 (1) This section applies to a contract or other 7 instrument to which QTAMA was a party, or that 8 otherwise applied to QTAMA, immediately 9 before the commencement (a current 10 instrument). 11 (2) The State is a party to the current instrument, or 12 the current instrument otherwise applies to the 13 State, in place of QTAMA. 14 (3) Without limiting subsection (2)-- 15 (a) any right, title, interest or liability of 16 QTAMA arising under or relating to a 17 current instrument is a right, title, interest or 18 liability of the State; and 19 (b) a current instrument, including a benefit or 20 right provided by a current instrument, 21 given to, by or in favour of QTAMA before 22 the commencement is taken to have been 23 given to, by or in favour of the State; and 24 (c) an application relating to a current 25 instrument made in the name of QTAMA 26 before the commencement is taken to have 27 been made in the name of the State; and 28 (d) a current instrument under which an amount 29 is, or may become, payable to or by 30 QTAMA is taken to be an instrument under 31 which the amount is, or may become, 32 payable to or by the State in the way the 33 amount was, or might have become, payable 34 to or by QTAMA; and 35 Page 6

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 4] (e) a current instrument under which property, 1 other than money, is or may become liable 2 to be transferred, conveyed or assigned to or 3 by QTAMA is taken to be an instrument 4 under which property is, or may become 5 liable to be, transferred, conveyed or 6 assigned to or by the State in the way the 7 property was, or might have become, liable 8 to be transferred, conveyed or assigned to or 9 by QTAMA. 10 230 References to QTAMA 11 In an Act or document, a reference to QTAMA is, if 12 the context permits, taken to be a reference to the 13 State. 14 231 Current proceedings 15 (1) This section applies to a proceeding that, 16 immediately before the commencement, had not 17 ended and to which QTAMA was a party. 18 (2) On the commencement, the State becomes a 19 party to the proceeding in place of QTAMA. 20 232 Proceedings not yet started 21 (1) This section applies if, immediately before the 22 commencement, a proceeding could have been 23 started by or against QTAMA within a particular 24 period. 25 (2) The proceeding may be started by or against the 26 State within the period. 27 233 Registering authority to note transfer or other 28 dealing 29 (1) A registering authority must, on written 30 application by the chief executive and without 31 Page 7

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 4] charge, register or record in the appropriate way a 1 transfer of, or other dealing affecting, an asset, 2 liability or instrument under this division. 3 (2) The chief executive must comply with any 4 relevant procedures required by the registering 5 authority for the purpose of registering or 6 recording the transfer or other dealing. 7 (3) In this section-- 8 registering authority means the registrar of titles 9 or another entity required or authorised by law to 10 register or record transactions affecting assets, 11 liabilities or instruments. 12 234 Staff 13 (1) Section 229 applies to a contract of employment 14 that was in force under section 33 of the repealed 15 Act immediately before the commencement. 16 (2) Staff employed by the State under a contract 17 mentioned in subsection (1) are not employed 18 under the Public Service Act 2008. 19 (3) Despite its repeal, section 37 of the repealed Act 20 applies to a person employed under a contract 21 mentioned in subsection (1) who is appointed as 22 a public service employee after the 23 commencement as if-- 24 (a) a reference in the section to a staff member 25 included a person employed under the 26 contract; and 27 (b) a reference in the section to service as a staff 28 member included service under the contract. 29 (4) On the commencement, each of the following 30 ends-- 31 (a) a work performance arrangement under 32 section 34 of the repealed Act; 33 Page 8

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 4] (b) an interchange arrangement under section 1 35 of the repealed Act. 2 235 Effect on legal relationships 3 (1) A thing done under this division-- 4 (a) does not make the State liable for a civil 5 wrong or a contravention of a law or for a 6 breach of a contract or confidence; and 7 (b) does not make the State in breach of any 8 instrument, including an instrument 9 prohibiting, restricting or regulating the 10 assignment, novation or transfer of a right or 11 liability or the disclosure of information; 12 and 13 (c) does not fulfil a condition that-- 14 (i) terminates, or allows a person to 15 terminate, an instrument or obligation; 16 or 17 (ii) modifies, or allows a person to modify, 18 the operation or effect of an instrument 19 or obligation; or 20 (iii) allows a person to avoid or enforce an 21 obligation or liability contained in an 22 instrument or requires a person to 23 perform an obligation contained in an 24 instrument; or 25 (iv) requires any money to be paid before 26 its stated maturity; and 27 (d) does not release a surety or other obligee, 28 wholly or partly, from an obligation. 29 (2) If, apart from this subsection, the advice, consent 30 or approval of a person would be necessary to do 31 something under this division, the advice is taken 32 to have been obtained or the consent or approval 33 is taken to have been given unconditionally. 34 Page 9

 


 

Queensland Training Assets Management Authority Repeal Bill 2015 [s 4] (3) If giving notice to a person would be necessary to 1 do something under this division, the notice is 2 taken to have been given. 3 (4) A reference in this section to the State includes 4 an employee or agent of the State. 5 236 Annual report 6 Despite its repeal, section 73 of the repealed Act 7 applies in relation to an annual report of QTAMA 8 under the Financial Accountability Act 2009 prepared 9 after the commencement. 10 237 Confidentiality of criminal history information 11 Despite its repeal, section 76 of the repealed Act 12 continues to apply in relation to a report or 13 information to which that section applied immediately 14 before the commencement. 15 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 10

 


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